Ash v. Oppman

<p>Abstract of the Decision.</p> <p>1. Vendor and purchaser—When evidence sufficient to show that purchaser in default under contract. In an action by a broker for commissions under a contract providing that he should be entitled thereto only in the event that the contract was fully consummated and the purchase money actually paid, evidence held, sufficient to sustain a finding that the purchaser had made no effort to perform on the day set for the performance and that he was in default.</p> <p>2. Brokers, § 36*—what constitutes performance of contract entitling hroleer to commission. The general rule is that if a broker who has been employed to effect a sale of property finds a purchaser of sufficient responsibility "willing to take the property on the terms stated, he has performed his contract, and is entitled to his commission, it being immaterial in such a case that either party has refused to carry out the contract.</p> <p>3. Brokers, § 56*—when not entitled to commissions under express agreement. Where an agreement is entered into between a vendor and a broker whereby the latter is to be entitled to his commissions only in the event that the contract is fully consummated and the purchase price fully paid, he is not entitled to his commissions where the contract of purchase is not performed but the purchaser defaults and the vendor accepts the forfeiture of the contract.</p> <p>4. Vendor and purchases, § 244*—what are remedies of vendor upon default in performance 6y vendee. Where a purchaser of land defaults in performance of the contract the vendor may bring an action for specific performance of the contract, or a suit for damages, or he may accept the act as a forfeiture of the contract.</p>